30 Cited authorities

Pension Benefit Guaranty Corp. v. R. A. Gray Co.
467 U.S. 717 (1984) Cited 759 times 4 Legal Analyses
Holding that retroactive aspects of legislation must satisfy due process, a burden "met simply by showing that the retroactive application of the legislation is itself justified by a rational legislative purpose"
Usery v. Turner Elkhorn Mining Co.
428 U.S. 1 (1976) Cited 927 times 1 Legal Analyses
Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"
United States v. Carlton
512 U.S. 26 (1994) Cited 181 times 12 Legal Analyses
Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"
United States v. Darusmont
449 U.S. 292 (1981) Cited 109 times 2 Legal Analyses
Holding that the permissible period of retroactivity for federal taxation statutes "has been confined to short and limited periods required by the practicalities of producing national legislation."
Welch v. Henry
305 U.S. 134 (1938) Cited 343 times 2 Legal Analyses
Upholding Wisconsin law providing for retroactive application of graduated tax on dividends
Grace v. New York State Tax Commission
37 N.Y.2d 193 (N.Y. 1975) Cited 191 times 1 Legal Analyses
Argued May 1, 1975 Decided June 12, 1975 Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department. Louis J. Lefkowitz, Attorney-General (Francis V. Dow, Ruth Kessler Toch and Vincent P. Molineaux of counsel), for appellant. Walter J. Rockler for respondent. Chief Judge BREITEL. In an article 78 (CPLR) proceeding, the State Tax Commission appeals from a judgment, denominated an order, of the Appellate Division modifying its determination. The commission had determined
State v. Green
96 N.Y.2d 403 (N.Y. 2001) Cited 69 times
Holding that defendant was discharger within the meaning of Navigation Law § 181 because "[a]s the owner and lessor of the trailer park, Lakeside had the ability to control potential sources of contamination on its property, including maintenance of a 275-gallon kerosene tank"
Majewski v. Broadalbin-Perth Central School District
(N.Y. May. 12, 1998) Cited 75 times
In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."
Builders v. Empire Zone Designation Bd.
95 A.D.3d 1381 (N.Y. App. Div. 2012) Cited 21 times
2012-05-3 In the Matter of MORRIS BUILDERS, LP, et al., Appellants, v. EMPIRE ZONE DESIGNATION BOARD et al., Respondents. General Municipal Law §§ 959[a][v][6], 959[w]. Collier, Halpern, Newberg, Nolletti & Bock, L.L.P., White Plains (Philip M. Halpern of counsel), for appellants. EGAN JR. Unconstitutional as Applied General Municipal Law §§ 959[a][v][6], 959[w]. Collier, Halpern, Newberg, Nolletti & Bock, L.L.P., White Plains (Philip M. Halpern of counsel), for appellants. Eric T. Schneiderman,
WL, LLC v. Department of Economic Development
2012 N.Y. Slip Op. 3497 (N.Y. App. Div. 2012) Cited 14 times
2012-05-3 In the Matter of WL, LLC, Appellant, v. DEPARTMENT OF ECONOMIC DEVELOPMENT, also known as Empire State Development, et al., Respondents. McKinney's General Municipal Law § 959(a)(v)(6), (w). Green & Seifter, P.L.L.C., Syracuse (Robert K. Weiler of counsel), for appellant. KAVANAGH Unconstitutional as Applied McKinney's General Municipal Law § 959(a)(v)(6), (w). Green & Seifter, P.L.L.C., Syracuse (Robert K. Weiler of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany
Section 11.9 - Revocation of certification
N.Y. Comp. Codes R. & Regs. tit. 5 § 11.9 Cited 15 times
(a) The commissioner may revoke the certification of a business enterprise upon a finding of any one of the following: (1) the business enterprise made material misrepresentations of fact on its application for certification or on a business annual report, or the business enterprise failed to disclose facts in its application for certification that would constitute grounds for not issuing a certification; (2) the business enterprise has failed to construct, expand, rehabilitate, invest in or operate

In the Matter of J-P Group, LLC, Respondent,v.New York State Department of Economic Development, et al., Appellants, et al., Respondent.

30 Cited authorities

Holding that retroactive aspects of legislation must satisfy due process, a burden "met simply by showing that the retroactive application of the legislation is itself justified by a rational legislative purpose"

Holding that black lung compensation scheme satisfied due process because it was a "rational measure to spread the costs of the employee's disabilities to those who have profited from the fruits of their labor"

Holding no violation of due process where retroactive application of a legislative amendment is "rationally related to a legitimate legislative purpose"

Holding that the permissible period of retroactivity for federal taxation statutes "has been confined to short and limited periods required by the practicalities of producing national legislation."

Upholding Wisconsin law providing for retroactive application of graduated tax on dividends

Holding that defendant was discharger within the meaning of Navigation Law § 181 because "[a]s the owner and lessor of the trailer park, Lakeside had the ability to control potential sources of contamination on its property, including maintenance of a 275-gallon kerosene tank"

In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence."